A will can
specify who gets what after you die, while a living trust can also help
you avoid probate, reduce estate taxes or set up long-term property management.
Both are part of a good estate plan. The average probate can go on for
months before the beneficiaries get anything. Not to mention that probate
eats into their inheritance, since lawyer's fees and other court costs
will be taken out of your assets.
Property transferred
into a living trust before you die doesn't go through probate. Instead,
the trustee you have appointed merely transfers ownership to the beneficiaries
you named in the trust. If privacy is a big concern for you, living trusts
also offer the advantage of being shielded from public disclosure.
While a will
becomes a matter of public record, the terms of a living trust are not
required to be made public. Even if you establish a living trust, you'll
still want to have a will as well. If you don't have a will, any property
that isn't included in your trust will go to your relatives in an order
determined by state law, and this may not be the distribution you would
have wanted.
For example,
state law usually does not recognize the different needs of your children
nor their stage in life. Most families have children with unequal needs,
capabilities and requirements for care based on their age, health, education
and other factors. For example, if you have minor or disabled children,
do you want the probate judge appointing their guardian?
It may all
sound overwhelming at first, but there are many professionals trained
and qualified to help you make your estate planning effective. Check with
your state or local bar association for a local Certified Estate Planning
attorney, or try the state CPA association. The National Association of
Estate Planners and Councils (NAEPC) offers a list of members who have
earned the special designation AEP (Accredited Estate Planner).
Estate planning
is appropriate for any stage of life if you don't prepare for the inevitable,
you may create needless heartache and loss for those left behind. Your
estate plan should allow you to give what you want to whom you want to
receive it, the way you want them to receive it and when you want them
to receive it. Your estate plan should save every tax dollar, professional
fee and court cost legally possible. Use good estate planners to ensure
things work the way you want.
For more information
on the NAEPC, or to find an Accredited Estate Planner near you, visit
www.naepc.org or call NAEPC toll-free at (866) 226-2224 for suggestions.
The National
Association of Estate Planners and Councils (NAEPC) is a national organization
of professional estate planners and affiliated estate planning councils
focused on establishing and monitoring the highest professional and educational
standards. NAEPC offers public awareness of the quality services rendered
involving cross-professional disciplines to better serve the public's
need in estate planning.
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